Proposal for a COUNCIL REGULATION (EC, Euratom, ECSC) amending Council Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities
Date: 1994-12-13
Institutions: European Commission
Subjects: European Ombudsman, European official, power to appoint, regulations for civil servants, servant (EU)

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

COM(94) 601  final 

Brussels,  13.12.1994 

9 4/  0326 

(CNS) 

Proposal  for  a 
COUNCIL  REGULATION  (EC. Euratom. ECSC) 
amending  Council  Regulation  (EEC,  Euratom,  ECSC)  No 259/68 
laying down  the  Staff  Regulations of Officials  and the Conditions of Employment 
of Other  Servants of the European  Communities 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Article  1  of the  Staff  Regulations  of Officials  of the  European  Communities  provides  for 

the  Economic  and  Social  Committee  and  the  Court  of  Auditors  to  be  treated  as 

institutions  of  the  Communities. 

The Treaty  of Maastricht  makes the Court of Auditors a Community  institution  in  its own 

right. 

It  also  establishes  a  Committee  of  the  Regions  of  the  European  Union.  The  Committee 

of  the  Regions  must  therefore  be  treated  as  a  Community  institution  Community  in  the 

same  way  as the  Economic  and  Social  Committee,  so that  it can  be  fully  covered  by  the 

Staff  Regulations. 

The  second  paragraph  of  Article  I  of  the  Staff  Regulations  should  consequently  be 

amended  to  reflect  these  institutional  changes. 

Proposal  for  a 
COUNCIL  REGULATION  (EC.  Euratom.  ECSC) 
amending  Council  Regulation  (EEC,  Euratom,  ECSC)  No  259/68 
laying  down  the  Staff  Regulations  of  Officials  and  the  Conditions  of  Employment 
of  Other  Servants  of  the  European  Communities 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  a  Single  Council  and  a  Single  Commission  of 

the  European  Communities,  and  in  particular  Article  24  therof, 

Having  regard  to  the  proposal  presented  by  the  Commission  after  consulting  the  Staff 

Regulations  Committee, 

Having  regard  to  the  opinion  of  the  European  Parliament,1 

Having  regard  to  the  opinion  of  the  Court  of  Justice,2 

Having  regard  to  the  opinion  of  the  Court  of  Auditors,3 

Whereas,  following  the  addition  of  the  Court  of  Auditors  to  the  list  of  Community 

institutions by Article 4 of the Treaty  establishing the European  Community, the  reference 

to it  in  the  second  paragraph  of  Article  1 of  Council  Regulation  (EEC,  Euratom,  ECSC) 

No  259/68  laying  down  the  Staff  Regulations  of  Officials  and  the  Conditions  of 

Employment  of  Other  Servants  of  the  European  Communities,4  as  last  amended  by 

Regulation  ( 

)  No 

,5  should  be  removed; 

4 

5 

O J N oL  56,  4.3.1968,  p.l 

M 

& 

Whereas,  following  the establishment  of the  Committee  of the  Regions,  provision  should 

be  made  for  it  to  be  treated  as an  institution  of  the  Communities  for  the  purposes  of  the 

Staff  Regulations  and  the  Staff  Regulations  should  be  amended  accordingly, 

HAS  ADOPTED  THIS  REGULATION 

Article 1 

The  Staff  Regulations of Officials  of the European  Communities  are amended  as  follows: 

the  second  paragraph  of  Article  1 is  replaced  by  the  following: 

"Save  as  otherwise  provided,  the  Economic  and  Social  Committee  and  the 

Committee  of  the  Regions  shall,  for  the  purposes  of  these  Staff  Regulations,  be 

treated  as  institutions  of  the  Communities." 

Article  2 

This  Regulation  shall  enter  into  force  on  the day 

o  f 

its  publication  in  the  Official 

Journal  of  the  European  Communities 

It  shall  have  effect  from  the  date  of  entry  into  force  of  the  Treaty  on  European  Union. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 

States. 

Done  at  Brussels, 

For  the  Council 

The  President 

ISSN 0254-1475 

COM (94) 601 final 

DOCUMENTS 

EN 

oi 

Catalogue number : CB-CO-94-626-EN-C 

ISBN 92-77-83547-8 

Office for Official Publications of the European Communities 
L-2985 Luxembourg